is their probate before death

[notes4chuck]

What is the name of your state?NEW MEXICO

In 2004 a district judge apointed guardian and conservitor over my grandmother to my aunt and uncle before her death.their was a doctor that declared my grandmother to be incompatent so their was reason to believe she was unable to make decisions on her own and the two co-conservitors was apointed
my question is would that hearing been a probate cause

 

[Shay-Pari'e]

Probate is for DEAD people.

 

[rmet4nzkx]

Probate court is appropriate for guardianship proceedings.
http://www.nmpanda.org/guard.html

 

[rmet4nzkx]

Probate is for DEAD people.

Probate court is a court of limited jurisdiction including but not limited to guardianship of incompetent persons.

 

[Shay-Pari'e]

Probate court is a court of limited jurisdiction including but not limited to guardianship of incompetent persons.

I understand that, but probate can be started while she is alive? If she's dead, there is no more guardianship.

 

[BlondiePB]

Probate is for DEAD people.

https://forum.freeadvice.com/showthread.php?p=1423523#post1423523

 

[BlondiePB]

I understand that, but probate can be started while she is alive? If she's dead, there is no more guardianship.

OP is a bit confused.

FYI, upon death of a ward the guardianship does not necessarily end. Death of a ward can immediately end the guardianship. Depending on one's state statutes, the guardianship does not automatically end and requires discharge of the guardian by the court, especially guardian of the estate who has to do a final accounting, have it approved, and then deliver the estate to whoever is the executor of the estate. This can take a couple of months or more when the guardian of the estate has to deal with the ward's final bills. The probate division of the court handles guardianships, as Rmet stated.


BTW, thanks for telling you know who that he had the wrong Blondie.

 

[rmet4nzkx]

OP is a bit confused.

FYI, upon death of a ward the guardianship does not necessarily end. Death of a ward can immediately end the guardianship. Depending on one's state statutes, the guardianship does not automatically end and requires discharge of the guardian by the court, especially guardian of the estate who has to do a final accounting, have it approved, and then deliver the estate to whoever is the executor of the estate. This can take a couple of months or more when the guardian of the estate has to deal with the ward's final bills. The probate division of the court handles guardianships, as Rmet stated.


BTW, thanks for telling you know who that he had the wrong Blondie.

You are welcome.
I think OP was confused, just as many are, that probate court covers more than dead paople, I think what they were inquiring was, was probate the appropriate place or was guardianship therefore somehow inappropriate, perhaps so they would have grounds to contest.